HomeMy WebLinkAboutORD 1921BILL NO. 31
ORDINANCE NO.
1921
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE THEREFORE WAS GIVEN; DETERMINING THAT VACATION
OF STREETS-, IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO,
DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF
SAID FOLLOWING STREETS IS IN THE BEST PUBLIC INTEREST FOR THE
CITY OF CALDWELL, CANYON COUNTY, IDAHO.
VACATION OF THE EASTERLY 128 FEET OF OAK
STREET RIGHT -OF -WAY AT THE EASTERLY TERMINUS
OF OAK STREET APPROXIMATELY 500 FEET EAST OF
AIRPORT AVENUE BEING A PARCEL OF LAND IN
BLOCK 31 OF PIONEER SUBDIVISION AS ON FILE IN
BOOK 4 OF PLATS AT PAGE 52 IN THE OFFICE OF
THE RECORDER OF CANYON COUNTY, IDAHO, AND
SITUATED IN THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 28, TOWNSHIP 4 NORTH, RANGE 3 WEST OF
THE BOISE MERIDIAN AS DEPICTED ON EXHIBIT
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SECTION 1 . THAT BY A MOTION PASSED BY THE COUNCIL AND
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, AND
STATUTORY NOTICE HAVING BEEN GIVEN TO CITIZENS AND OWNERS OF
PROPERTY IN THE CITY OF CALDWELL, IDAHO, IN ACCORDANCE WITH
SECTION 50- 1306A, IDAHO CODE, THAT AN APPLICATION HAS BEEN
PRESENTED TO THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL,
IDAHO, REQUESTING PASSAGE AND APPROVAL OF AN ORDINANCE, VACATING
THE ABOVE DESCRIBED REAL PROPERTY LOCATED IN CALDWELL, CANYON
COUNTY, IDAHO.
SECTION 2 . THAT PUBLIC HEARING WAS HELD ON OCTOBER 21,
1991 BY THE CITY COUNCIL AND NO OBJECTIONS TO SAID VACATION WERE
HEARD.
SECTION 3 . THAT SAID RIGHT -OF -WAY CONTAINS NO PUBLIC OR
PRIVATE UTILITY LINES THAT CANNOT FEASIBLY BE RELOCATED OR
RETAINED THROUGH THE ESTABLISHMENT OF APPROPRIATE EASEMENTS WHICH
ARE TO BE CREATED AND RECORDED BY SEPARATE INSTRUMENT.
SECTION 4. THAT THE GRANTING OF THE VACATION IS MADE UPON
FULFILLMENT OF THE FOLLOWING TERMS AND CONDITIONS:
A) VACATED RIGHT -OF -WAY SHALL BE PROPORTIONATELY
DISTRIBUTED TO RESPECTIVE ADJOINING PARCELS. PROPERTY
LINE MAY BE RE- ADJUSTED TO IMPROVE LOT CONFIGURATIONS
AS LONG AS MINIMUM LOT AREAS AND WIDTH STANDARDS ARE
SATISFIED AND PROVIDED THAT NO MORE THAN THREE (3)
BUILDING SITES ARE CREATED. LOT LINE ADJUSTMENTS SHALL
BE SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY AND
SHALL BE ACCOMPLISHED THROUGH A RECORD OF SURVEY.
1 0
8) ADDITIONAL RIGHT -OF -WAY FROM PARCEL 1 AND 2 SHALL BE
DEDICATED TO THE CITY. SAID RIGHT -OF -WAY IN
COMBINATION WITH RESIDUAL PARCEL 3 RIGHT -OF -WAY SHALL
BE UTILIZED FOR THE DEVELOPMENT OF A 25' BY 120'
HAMMERHEAD TURN - AROUND AND SHALL BE DEEDED TO THE CITY
IN CONNECTION WITH THE RECORDATION OF THE VACATION.
C) THE HAMMERHEAD RIGHT -OF -WAY SHALL BE FULLY IMPROVED TO
CITY STANDARDS AND SHALL BE SUBJECT TO THE REVIEW AND
APPROVAL OF THE ENGINEERING DEPARTMENT, PLANNING AND
ZONING DEPARTMENT AND FIRE DEPARTMENT. IMPROVEMENTS
SHALL INCLUDE PAVED ROADWAY SECTION, CURB AND GUTTER.
NO SIDEWALK SHALL BE REQUIRED. ALL IMPROVEMENTS SHALL
BE COMPLETED PRIOR TO OCCUPANCY OF ANY DWELLING UNIT.
SECTION 5. THAT IT IS HEREBY DETERMINED IT IS IN THE BEST
INTEREST OF THE PUBLIC THAT THE ABOVE DESCRIBED PREMISES IN THE
CITY OF CALDWELL, CANYON COUNTY, IDAHO BE VACATED.
SECTION 6. BE IT ORDAINED AND ESTABLISHED THAT THE ABOVE
DESCRIBED PREMISES IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO,
SHALL BE VACATED AND SHALL NO LONGER BE OPEN OR SUBJECT TO THE
USE OF THE PUBLIC AND THEREUPON TITLE TO SAID PREMISES IN THE
CITY OF CALDWELL, CANYON COUNTY, IDAHO, ABOVE DESCRIBED, SHALL
PASS AND REVERT TO THE PERSONS DEDICATING THE SAME OR THEIR
SUCCESSORS, HEIRS AND ASSIGNS IN THE MANNER IN WHICH THEY WERE SO
DEDICATED.
SECTION 7. THIS ORDINANCE SHALL BE IN FULL FORCE AND
EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION ACCORDING TO
LAW.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, THIS 4th
DAY OF Nou -tuber . 199 1 —•
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL THIS 4th DAY OF
-- fievember 199 _
ATTEST:
CITY CLERK